Health Law Highlights

Confidentiality of Substance Use Disorder Records Now More Closely Aligned With HIPAA

From Fox Rothschild, by Elizabeth G. Litten:

Part 2 records may be disclosed pursuant to the patient’s written consent, which may be a single consent for all future uses and disclosures for treatment, payment, and health care operations (as such terms are defined under HIPAA)

Part 2 records may be disclosed to a public health authority without patient consent if the records are de-identified (as defined and set forth under HIPAA)

Part 2 records are subject to HIPAA’s breach notification requirements

Part 2 SUD providers must provide HIPAA Notice of Privacy Practices-type notices to patients

Patients have the right to complain to HHS regarding alleged violations of Part 2